Trial and Speeches of Alexander Berkman and Emma
Goldman

Motion for Dismissal

ALEXANDER BERKMAN: The defense wants to
make a motion for dismissal on several grounds.

THE COURT: I made that motion for you at
the beginning of the case. Before Mr. Content opens you may make
the motion if you want to.

ALEXANDER BERKMAN: We move to dismiss the
indictment for the following reasons:

(1) It does not charge any crime.

(2) The conscription law is unconstitutional
because it involves involuntary servitude in the army, in the
navy and in industrial and agricultural service.

(3) The conscription law violates the moral,
ethical and religious beliefs of the people of the United States.

(4) The conscription law violates the conscience
of the people who are opposed to war on the ground that human
life is sacred.

(5) The conscription law is highly immoral
and prejudicial to the best interests of the country, because
it is not to the best interests of the country to force people
to act contrary to their judgment and their conscience.

(6) The United States has not been invaded,
nor is it in danger of invasion; it is not in a condition of rebellion,
and therefore the law is not of a defensive but of an offensive
character.

(7) It is not just to force an American
citizen to die on foreign soil against his will, and thus deprive
him of the opportunity to die in his own native country.

For all these reasons we ask that the case
and the indictment be dismissed.